Scottish Parliament

Written Answers

Monday 29 November 1999

Scottish Executive

Agriculture

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether the costs incurred by the pig industry of compliance with regulations to eradicate BSE amount to approximately one tenth of revenue, and whether it considers that BSE cannot be transmitted through pigs.

Ross Finnie: The Scottish Executive is unable to confirm the estimate of the cost to the pig industry of compliance with the regulations to eradicate BSE. Any such estimates depend on a range of assumptions relating to costs and market returns.

  A number of research projects on BSE and pigs have been carried out. Whilst not all of these experiments are complete, there is no evidence that BSE can be transmitted orally to pigs.

  The Scottish Executive remains of the view that it is in Scotland’s interests to maintain vigorous and effective controls to eradicate BSE.

Asylum Seekers

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S1W-58 by Iain Gray on 8 November 1999, what specific consultations it has had with the Home Secretary about the arrangements arising from the Immigration and Asylum Act for looking after asylum seekers in Scotland while they await the outcome of applications for asylum.

Iain Gray: There has been regular and ongoing contact with officials of the Home Office, as my answer of 8 November indicated.

Education

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive to specify the amount of expenditure on tuition fees for students on full time higher education courses in Scotland in each of the last 10 years (a) in cash terms and (b) adjusted for inflation.

Henry McLeish: The table below sets out the amount paid towards tuition fees by the Student Awards Agency for Scotland on behalf of Scottish domiciled students in each of the given financial years:

  TABLE OF TUITION FEES PAYMENTS FOR SAAS FUNDED STUDENTS

  

 

Actual Expenditure 
  


Adjusted Expenditure
  (1998-99 prices) 




 


£ million 
  


£ million 
  




1989-90 
  

42.8 
  

58.7 
  



1990-911


110.9 
  

141.0 
  



1991-92 
  

159.3 
  

193.4 
  



1992-93 
  

196.2 
  

230.9 
  



1993-94  
  

201.8 
  

233.6 
  



1994-951


149.3 
  

168.2 
  



1995-961


121.4 
  

132.4 
  



1996-97 
  

133.2 
  

141.9 
  



1997-98 
  

140.2 
  

144.6 
  



1998-99 
  

143 
  

143 
  



  Notes

  

The tuition 
  fees paid by the Agency to institutions on behalf of students represent 
  about one quarter of the cost of tuition, the remaining three-quarters 
  or so is paid by the Government to institutions through the Scottish 
  Higher Education Council. The significant changes in expenditure 
  in these three years reflect changes in the percentage of the total 
  cost of tuition which was represented by the tuition fee, commensurate 
  changes were made to amount of central grant.


Expenditure 
  amounts have been adjusted by the Treasury GDP Deflators to 1998-99 
  figures.

Education

Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): To ask the Scottish Executive whether it will detail (a) the ownership of the buildings of the new school to be built in Dalkeith by Midlothian Council using a Public Private Partnership when the Partnership is ended; (b) whether any long term council debt will be incurred and, if so, whether it will estimate how much; (c) what consultation process, if any, will be put in place whereby the residents of Midlothian can indicate whether they accept or reject any increase in long term council debt which may occur; (d) the proportion of the cost of £33 million which relates to the sports and leisure element of the project, and (e) the reasoning behind the decision to locate the new school in Dalkeith, not in Danderhall or the ward of Armiston/Cockpen where the majority of new housing is now being built.

Peter Peacock: Midlothian Council are at a very early stage of the development of the Public private partnership arrangements. In general, these issues will require to be addressed by them in developing the proposals further. However, as regards ownership, we announced, in June 1999, that, for buildings for which there is no practicable alternative use at the end of the contract period, including most schools and hospitals, there will be an option in contracts for those assets to revert to public sector ownership at no cost to the public.

  Details of funding, including the cost of the proposed sports and leisure facilities and the impact, if any, on Council debt, will depend on the outcome of the tendering process on which the Council will be engaging. They would be expected to consider carefully the long term funding implications before deciding whether to proceed to contract signature, including a value for money assessment against a public sector comparator.

  The question of the general area in which the development may be located is a matter for Midlothian Council in the first instance. I understand that they are currently engaged in a consultation exercise about the proposals, including reference to alternative sites in Dalkeith.

Europe

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will provide a detailed breakdown of the budgeted and actual costs for establishing Scotland House in Brussels and details of its management arrangements and usage.

Mr Jack McConnell: Scotland House is an inclusive body that involves a range of Scottish interests. Its principal components are the Scottish Executive EU Office and Scotland Europa, which in turn houses a number of its subscribers.

  Scotland Europa’s establishment budget and costs are a matter for Scottish Enterprise and the Scotland Europa members.

  The Scottish Executive EU Office establishment costs are as follows:

  

 

BUDGET (£s) 
  


ACTUAL (£s) 
  




Fit out (structural) 
  

35,000 
  

25,206 
  



Security 
  

 6,000 
  

5,418 
  



IT & Telephones 
  

68,000 
  

Fit out 12,548
Equipment 58,704 
  



Furniture 
  

25,000 
  

31,173 
  



Signage & Misc. 
  

 1,000 
  

562 
  



Recruitment of local staff 
  

 1,000 
  

740 
  



TOTAL 
  

136,000 
  

134,351 
  



  (IT Fitout figure relates to fitting of cabling and interfaces required to link into Scottish Executive SCOTS II Computer system and the Government Telephone Network)

  The Scottish Executive EU Office management arrangements are on the same basis as those which apply to all Scottish Executive staff. The head of the EU Office reports to the Head of the Executive Secretariat. The EU Office has six members of staff (two of whom were locally engaged in Brussels). Ministers and staff of the Scottish Executive attending meetings in Brussels also use the office.

Finance

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive to list the categories of revenue receipts administered by departments, agencies and authorities in its responsibility which are given over to Her Majesty's Treasury, and the amount of each of these in each year for which figures are available in 1998-99 prices.

Mr Jack McConnell: The table below gives details of receipts given over to Her Majesty’s Treasury in 1998-99 prices.

  





1997-98 
  


1996-97 
  


1995-96 
  


1994-95 
  




 


Total
(£000’s) 
  

Total
(£000’s) 
  

Total
(£000’s) 
  

Total
(£000’s) 
  



Housing receipts from Scottish 
  Homes 
  

7 
  

11 
  

11 
  

11 
  



Interest and loan repayments 
  

3,708 
  

3,932 
  

2,284 
  

1,946 
  



Excess Appropriation in Aid 
  

0 
  

484 
  

499 
  

132 
  



Receipts in respect of planning 
  appeals 
  

12 
  

4 
  

4 
  

8 
  



Roads and transport rents 
  

85 
  

65 
  

544 
  

186 
  



Rate income foregone in enterprise 
  zones 
  

190 
  

785 
  

810 
  

0 
  



SCS/SCA Fines 
  

12,716 
  

11,285 
  

10,661 
  

0 
  



Contributions from ESF towards 
  expenditure by SE & HIE 
  

29,176 
  

19,350 
  

32,635 
  

25,892 
  



NHS & teachers superannuation 
   
  

230 
  

337 
  

0 
  

0 
  



Scottish Enterprise proceeds from 
  ex-SDA investments 
  

805 
  

1,996 
  

3,264 
  

2,798 
  



Road traffic fixed fines and penalties 
   
  

11,956 
  

11,507 
  

12,393 
  

14,033 
  



Miscellaneous – Agriculture & 
  Fisheries 
  

1,623 
  

2,300 
  

2,636 
  

8,999 
  



Miscellaneous – Other Environmental 
  Services 
  

11 
  

48 
  

50 
  

18 
  



Miscellaneous – Transport 
  

1,322 
  

0 
  

1,698 
  

6,050 
  



Miscellaneous – Industry, enterprise 
  & training 
  

716 
  

0 
  

16 
  

27 
  



Miscellaneous – Education 
  

134 
  

181 
  

57 
  

0 
  



Scottish Prison Service 
  

0 
  

0 
  

0 
  

3,405 
  



Police Services 
  

0 
  

0 
  

0 
  

4,015 
  



Scottish Fire Service 
  

0 
  

0 
  

0 
  

103 
  



Museums, Galleries and other Arts 
  

882 
  

54 
  

0 
  

0 
  



Total 
  

63,572 
  

50,040 
  

64,927 
  

58,624 
  



  Accounts for 1998-99 will be published following approval by the Controller and Auditor General.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether there is sufficient diphtheria and tetanus vaccines to satisfy the level of demand in Scotland.

Mr Duncan Hamilton (Highlands and Islands) (SNP): To ask the Scottish Executive what action is proposed to deal with any shortages in diphtheria, tetanus and BCG vaccines.

Susan Deacon: Every effort is being made to overcome the recent interruptions in the supply of these vaccines caused by manufacturing difficulties. It is expected that some supplies of the vaccines will become available in Scotland during November, but it is not yet clear when normal levels of supply will be restored.

Health

Hugh Henry (Paisley South) (Lab): To ask the Scottish Executive what increased support it intends to provide to people with polio who begin to experience progressive deterioration in their health later in life.

Susan Deacon: I fully sympathise with those who had polio in childhood and then find themselves suffering from a deterioration of their health in later life.

  Our health services must be responsive to the needs of all patients. The long-term consequences of polio are similar to many other conditions which are managed by GPs, either using the extended primary care team or by referral to specialist services in secondary care. A range of support and advice is therefore available across the NHS in Scotland to those who have had polio.

Health

Ben Wallace (North-East Scotland) (Con): To ask the Scottish Executive how much money was allocated in 1994-95 and 1997-98 to Health Boards, the Clinical Standards Board for Scotland, the Health Education Board for Scotland, the National Board for Nursing, Midwifery and Health Visiting for Scotland, the Scottish Ambulance Service, the Scottish Council for Postgraduate Medical and Dental Education and the State Hospital.

Susan Deacon: The allocations were as follows:

  


 


1994-95
  £000 


1997-98
  £000 




Health Boards 
  

2,963,661 
  

3,573,799 
  



Clinical Standards Board for Scotland 
  (1) 
  

0 
  

0 
  



Health Education Board for Scotland 
  

7,217 
  

7,365 
  



National Board for Nursing, Midwifery 
  and Health Visiting for Scotland (2) 
  

4,077 
  

3,163 
  



Scottish Ambulance Service (3) 
  

0 
  

0 
  



Scottish Council for Postgraduate 
  Medical and Dental Education 
  

89,083 
  

103,078 
  



State Hospital(4) 
  

19,743 
  

 18,070 
  



  Notes:

  

The Clinical 
  Standards Board was only established on 1 April 1999.


From 1996-97 
  responsibility for initial teacher training for nurse lecturers 
  was transferred from the National Board to universities providing 
  nurse education.


The Scottish 
  Ambulance Service received funding via the Common Services Agency 
  in 1994-95. It was established as an NHS Trust with effect from 
  1 April 1995 and therefore received its resources for 1997-98 through 
  contracts with Health Boards and other NHS Trusts.

The 1994-95 
  allocation includes funding for a major capital project.

Health

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will take steps to ensure that all GPs in Scotland have access to the best possible information on the available treatments for prostate cancer.

Susan Deacon: The treatment for prostate cancer involves a combination of surgery, radiotherapy, chemotherapy and hormone therapy in different measures according to factors such as the stage of the disease and the patient’s degree of fitness. GPs would not normally decide on the treatment, but appropriate GP involvement can be secured through referral protocols and communication. Through the provision of electronic links to all GP practices, steps have already been taken to ensure that GPs in Scotland have access to the best possible information about treatment for prostate cancer.

Health

Brian Adam (North-East Scotland) (SNP): To ask the Scottish Executive whether it intends to debrief all the applicants for the E.coli 0157 tender following its award.

Susan Deacon: The Reference Laboratories Working Group gave an undertaking at its meeting on 1 November with the Director of the Aberdeen Reference Laboratories and the Chief Executive of Grampian University Hospitals NHS Trust that it would provide information on its reasons for not choosing a particular laboratory to provide the E.coli O157 reference service from 1 April 2000.

Health

Mr Duncan Hamilton (Highlands and Islands) (SNP): To ask the Scottish Executive what percentage of each Health Board’s spending was devoted to (a) the acute sector, (b) the primary care sector and (c) administration in each financial year from 1993-94 to date.

Susan Deacon: The table below shows the percentage of each Health Board’s spending on the acute sector, the primary care sector and administration for each of the financial years from 1993-94 to 1998-99.

  The information has been taken from the annual accounts of the Health Boards. Data for the current financial year is not available. The acute sector includes expenditure on the following services: acute, maternity, mental health, continuing care and other community. The element of expenditure not included in the table comprises expenditure on items such as local health councils, bridging finance, nurse teaching, patients’ travelling expenses and post graduate medical education.

  


Health Board 


1993-94 
  


1994-95 
  


1995-96 
  


1996-97 
  


1997-98 
  


1998-99 
  





% 


% 


% 


% 


% 


% 




Argyll & Clyde 
  
 
 
 
 
 
 



Acute 
  

71.3 
  

68.7 
  

67.6 
  

67.6 
  

66.8 
  

67.1 
  



Primary Care 
  

25.1 
  

26.4 
  

27.4 
  

27.2 
  

28.5 
  

28.4 
  



Administration 
  

1.7 
  

2.2 
  

2.4 
  

2.1 
  

1.9 
  

1.7 
  



Ayrshire & Arran 
  
 
 
 
 
 
 



Acute 
  

69.9 
  

68.7 
  

68.5 
  

67.4 
  

66.4 
  

66.9 
  



Primary Care 
  

26.5 
  

26.9 
  

27.0 
  

27.2 
  

28.2 
  

27.5 
  



Administration 
  

1.5 
  

1.6 
  

1.9 
  

2.0 
  

1.7 
  

1.6 
  



Borders 
  
 
 
 
 
 
 



Acute 
  

72.0 
  

71.4 
  

71.7 
  

72.1 
  

71.4 
  

72.1 
  



Primary Care 
  

23.1 
  

22.5 
  

22.8 
  

23.0 
  

24.6 
  

23.8 
  



Administration 
  

2.4 
  

3.5 
  

3.2 
  

2.7 
  

2.1 
  

1.8 
  



Dumfries & Galloway 
  
 
 
 
 
 
 



Acute 
  

72.5 
  

70.1 
  

69.1 
  

69.5 
  

68.5 
  

67.8 
  



Primary Care 
  

24.3 
  

24.8 
  

25.3 
  

25.3 
  

27.1 
  

27.2 
  



Administration 
  

2.6 
  

2.6 
  

3.0 
  

2.7 
  

2.0 
  

2.2 
  



Fife 
  
 
 
 
 
 
 



Acute 
  

71.7 
  

70.1 
  

69.2 
  

67.7 
  

66.4 
  

66.1 
  



Primary Care 
  

24.3 
  

24.7 
  

25.1 
  

26.3 
  

28.7 
  

28.2 
  



Administration 
  

2.3 
  

2.5 
  

2.4 
  

2.2 
  

1.6 
  

1.6 
  



Forth Valley 
  
 
 
 
 
 
 



Acute 
  

69.2 
  

68.2 
  

67.9 
  

65.8 
  

65.2 
  

64.9 
  



Primary Care 
  

25.3 
  

26.8 
  

26.8 
  

28.8 
  

29.4 
  

29.3 
  



Administration 
  

2.4 
  

2.3 
  

2.3 
  

2.2 
  

2.1 
  

1.8 
  



Grampian 
  
 
 
 
 
 
 



Acute 
  

72.2 
  

70.7 
  

69.7 
  

68.7 
  

68.5 
  

68.6 
  



Primary Care 
  

22.9 
  

23.4 
  

23.9 
  

24.4 
  

25.9 
  

25.9 
  



Administration 
  

1.9 
  

2.0 
  

1.9 
  

2.3 
  

1.4 
  

1.3 
  



Greater Glasgow 
  
 
 
 
 
 
 



Acute 
  

74.1 
  

70.4 
  

68.8 
  

67.5 
  

66.4 
  

65.9 
  



Primary Care 
  

21.5 
  

24.0 
  

24.6 
  

25.2 
  

26.3 
  

26.3 
  



Administration 
  

2.0 
  

2.9 
  

3.1 
  

3.0 
  

2.5 
  

2.1 
  



Highland 
  
 
 
 
 
 
 



Acute 
  

70.6 
  

68.1 
  

66.5 
  

64.9 
  

66.0 
  

66.4 
  



Primary Care 
  

24.8 
  

25.2 
  

25.8 
  

26.6 
  

26.8 
  

27.2 
  



Administration 
  

1.7 
  

2.8 
  

2.6 
  

2.7 
  

2.0 
  

2.0 
  



Lanarkshire 
  
 
 
 
 
 
 



Acute 
  

69.9 
  

68.3 
  

68.6 
  

67.2 
  

67.0 
  

67.1 
  



Primary Care 
  

26.4 
  

27.3 
  

27.5 
  

27.7 
  

28.8 
  

28.5 
  



Administration 
  

1.8 
  

2.1 
  

2.0 
  

2.1 
  

1.6 
  

1.4 
  



Lothian 
  
 
 
 
 
 
 



Acute 
  

72.8 
  

71.3 
  

70.2 
  

69.0 
  

68.9 
  

68.8 
  



Primary Care 
  

22.9 
  

23.4 
  

23.8 
  

25.4 
  

25.8 
  

25.7 
  



Administration 
  

2.1 
  

2.6 
  

2.4 
  

1.9 
  

1.9 
  

1.6 
  



Orkney 
  
 
 
 
 
 
 



Acute 
  

72.6 
  

66.7 
  

68.1 
  

64.1 
  

63.0 
  

60.6 
  



Primary Care 
  

22.1 
  

23.3 
  

23.2 
  

23.0 
  

23.7 
  

23.6 
  



Administration 
  

3.3 
  

4.9 
  

3.6 
  

3.1 
  

3.0 
  

2.9 
  



Shetland 
  
 
 
 
 
 
 



Acute 
  

74.6 
  

69.6 
  

68.5 
  

66.7 
  

66.8 
  

65.3 
  



Primary Care 
  

20.0 
  

21.2 
  

21.9 
  

23.0 
  

23.1 
  

23.5 
  



Administration 
  

3.5 
  

3.5 
  

3.6 
  

3.4 
  

3.1 
  

2.7 
  



Tayside 
  
 
 
 
 
 
 



Acute 
  

72.4 
  

70.7 
  

70.5 
  

71.1 
  

71.0 
  

70.8 
  



Primary Care 
  

22.6 
  

24.1 
  

24.5 
  

24.6 
  

25.5 
  

25.4 
  



Administration 
  

1.7 
  

2.0 
  

1.8 
  

1.9 
  

1.5 
  

1.4 
  



Western Isles 
  
 
 
 
 
 
 



Acute 
  

76.2 
  

73.5 
  

72.1 
  

68.6 
  

69.7 
  

69.6 
  



Primary Care 
  

19.1 
  

19.0 
  

19.5 
  

20.8 
  

22.0 
  

21.9 
  



Administration 
  

3.3 
  

3.5 
  

4.5 
  

4.9 
  

3.1 
  

3.7 
  



Scotland Total 
  
 
 
 
 
 
 



Acute 
  

72.0 
  

69.9 
  

69.1 
  

68.1 
  

67.6 
  

67.5 
  



Primary Care 
  

23.6 
  

24.7 
  

25.2 
  

25.9 
  

26.9 
  

26.8 
  



Administration 
  

2.0 
  

2.4 
  

2.5 
  

2.4 
  

1.9 
  

1.7

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it plans to review the law relating to commercial leases in Scotland and, if so, whether it will consult all interested parties in relation to such review.

Mr Jim Wallace: Section 65 of the Abolition of Feudal Tenure etc. (Scotland) Bill proposes a prohibition on leases for periods of more that 125 years. Apart from that we have no plans to review the law in relation to commercial leases.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what contingency plans are being put in place to deal with the situation arising out of the recent ruling against the use of temporary Sheriffs.

Mr Jim Wallace: The Sheriffs Principal, who are responsible for the allocation of business in their Sheriffdoms, have adopted a number of measures to suit local circumstances. Criminal cases which might otherwise run into time-bar difficulties will be prioritised as will civil cases involving children. Permanent Sheriffs have postponed annual leave and suspended involvement in certain other activities which take them away from the Bench. The need for other measures will be kept under review on a daily basis.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive, following recent discussions between the Lord Advocate and the Sheriffs Principal, what further measures, if any, in addition to any contingency plans will or may be put in place following the recent ruling against the use of temporary Sheriffs.

Mr Jim Wallace: A total of 10 new permanent posts are being created. Sheriffs Principal are submitting proposals to Ministers for the initial deployment of these new Sheriffs who will be able to serve anywhere in Scotland, as the need arises.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it is considering the possibility of emergency legislation following the recent ruling against the use of temporary Sheriffs, and whether there will be an appeal against the ruling.

Lord Hardie: The recent decision by the High Court of Justiciary in relation to the use of temporary Sheriffs remains under consideration. An appeal to the Judicial Committee of the Privy Council is competent and a decision on whether to pursue this will be made in due course. There are no plans for emergency legislation.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what percentage of the time of the Sheriff courts was taken up with cases before temporary Sheriffs for each of the last three years, how many full time Sheriffs would have to be appointed to meet the shortfall arising as a result of the recent ruling against the use of temporary Sheriffs, and whether it will ensure that there will be sufficient full time Sheriffs to cover the withdrawal of temporary Sheriffs.

Mr Jim Wallace: On average temporary Sheriffs have provided between 20% and 25% of the sitting days in the Sheriff Courts. The use of temporary Sheriffs for new business has been suspended whilst Ministers consider the implications of the judgements issued by the High Court on 11 November. The appointment of 10 new floating Sheriffs will compensate to some extent for the loss of the services of temporary Sheriffs. Ministers will consider the case for further appointments after a decision has been taken whether or not to appeal against the High Court ruling and in the light of further experience of the measures already taken.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it agrees with the recent ruling that temporary Sheriffs cannot be independent.

Mr Jim Wallace: I shall make a further statement on this matter once we have considered the judgements issued by the High Court on 11 November and a decision has been taken on the question of an Appeal to the Judicial Committee of the Privy Council.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether the Lord Advocate’s role in the appointment of all judges will be reviewed, and whether any possible changes are under consideration.

Mr Jim Wallace: In my statement to the Parliament on 11 November I made clear that we would be issuing a consultation paper on the arrangements for recommending appointment of Judges and Sheriffs, including the question of the role of Ministers in the process.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive, in the light of the recent ruling against the use of temporary sheriffs, whether it will review the role of the Lord Advocate as a member of the Scottish Executive.

Donald Dewar: No.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it is under an obligation to implement any and every ruling in Scotland arising out of the European Convention on Human Rights.

Mr Jim Wallace: Section 57 of the Scotland Act provides that members of the Scottish Executive have no power to make any subordinate legislation or to do any other act so far as the legislation or act is incompatible with the rights and freedoms set out in the European Convention of Human Rights (the Convention rights). In addition, section 29 of the Scotland Act provides that an Act of the Scottish Parliament is not law so far as any provision of it is incompatible with any of the Convention rights.

  It follows that if a court finds that a member of the Executive has acted in a way which is incompatible with any of the Convention rights, it may strike down the action in question as ultra vireos and of no effect. It also follows that an Act of the Scottish Parliament would not be law so far as any provision of it was found by a court to be incompatible with any of the Convention Rights.

  Under section 102 of the Scotland Act, if a court decides that an Act of the Scottish Parliament or any provision of such an Act is not within the legislative competence of the Parliament or that a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve, the court has power to make an order removing or limiting any retrospective effect of the decision or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it will guarantee that convicted and sentenced prisoners will not be released into the community as a result of the recent ruling against the use of temporary Sheriffs, and whether it will detail what percentage of prisoners convicted within the last year appeared before temporary Sheriffs.

Mr Jim Wallace: Anyone imprisoned following conviction by a temporary Sheriff is detained under a valid warrant and must continue to be detained in the absence of a successful appeal against conviction. It is, of course, for the Appeal Court to determine the outcome of any such appeals. Information is not readily available on the percentage of convicted offenders dealt with by temporary Sheriffs.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it will guarantee that the recent ruling against the use of temporary Sheriffs will not prevent criminal and civil cases being heard owing to a paucity of judges.

Mr Jim Wallace: All the criminal and civil business which is brought before the court will be dealt with by the permanent Sheriffs.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether temporary Sheriffs sat more in certain areas of Scotland than others, and whether the recent ruling against the use of temporary Sheriffs will result in a disproportionate amount of pressure in the courts of certain areas and, if so, whether it will take immediate action to stop this happening.

Mr Jim Wallace: Temporary Sheriffs have been deployed wherever required to cover for the absence of permanent Sheriffs or where exceptional caseloads have had to be dealt with. It follows that some courts have made more use than others of temporary Sheriffs. The Sheriffs Principal and Sheriff Court staff have already taken steps to re-schedule business and provide permanent Sheriff cover for courts with greatest need.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what the immediate financial implications are of the recent ruling against the use of temporary Sheriffs.

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what would be the estimated expenditure required to fill the gap left by the recent ruling against the use of temporary Sheriffs if permanent Sheriffs are employed in their place, and from where this funding could come.

Mr Jim Wallace: Any savings in the cost of fees payable to temporary Sheriffs will be allocated to meet the costs of employing the additional floating Sheriffs who are to be appointed.

  Ministers will consider longer-term finance issues once the impact of the recent High Court judgement has been fully assessed.

Justice

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it will make a statement to the Parliament once the full implications of the ruling against the use of temporary Sheriffs are clear.

Mr Jim Wallace: Yes.

Planning

Nick Johnston (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it considers that current planning procedures and decisions have an adverse impact on business development.

Sarah Boyack: National planning policy guidance provides a positive framework for business development by setting out policies that are intended to ensure an adequate quality and choice of locations, a presumption in favour of development and efficient decision making. Planning authorities are generally very responsive to meeting the needs of businesses although there is scope for sharpening up the planning process to ensure prompter decisions. The Scottish Executive is currently looking at ways in which this can be done.

Refugees

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what discussions it has had with CoSLA, local authorities, health boards, other Scottish public bodies and voluntary bodies about the arrangements needed to look after asylum seekers in Scotland under the Immigration and Asylum Act and what concerns these bodies have expressed to the Scottish Executive on these matters.

Iain Gray: Arrangements for looking after asylum seekers in Scotland under the Immigration and Asylum Act 1999 are a matter for the Home Office. The Home Office has had several meetings in Scotland with many of the organisations mentioned. CoSLA’s concerns about the then Bill were expressed in briefing sent to Members of Parliament and, after the elections in May, to Members of the Scottish Parliament.

Refugees

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive whether any additional capital funding will be made available to assist local authorities in providing housing for asylum seekers.

Iain Gray: No. Where local authorities provide housing for asylum seekers, they will do so under arrangements made directly with the Home Office.

Refugees

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive how administration costs incurred by local authorities in connection with the implementation of the Immigration and Asylum Act 1999 will be funded.

Iain Gray: Administration costs will be one element of costs which local authorities will need to take into account in putting proposals to the Home Office. This is therefore a matter for discussion between local authorities and the Home Office.

Refugees

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive whether any additional funding will be made available to local authorities to cover the cost of providing furnishings and clothing to asylum seekers.

Iain Gray: No. Under the Immigration and Asylum Act 1999 the Home Office will be responsible for providing asylum seekers with housing and support for their daily living needs.

Refugees

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive whether it will make increased funding available to the Scottish Refugee Council to provide one-stop shops and continuing care for asylum seekers.

Iain Gray: No. Under the Immigration and Asylum Act 1999 this is for the Home Office.

Refuges

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive what criteria will be used in deciding how and where the additional funding granted to Scottish Homes for the provision of refuge places will be spent.

Jackie Baillie: All bids for the funding from Scottish Homes will be considered in accordance with the bidding guidance and grants will be made for those projects which best fulfil the aim of improving local provision of refuge places and move on accommodation.

Student Loans

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how many loans the Student Loans Company in Scotland has dispersed in each year over the last three years; how many loans have been issued late in each year over the last three years, and what is the average waiting time for the receipt of late loans.

Henry McLeish: In Academic Year 1996-97 the Student Loans Company Limited paid out a total of 590,000 loans to students throughout the United Kingdom. This rose to 615,000 loans in Academic Year 1997-98 and 659,488 loans in Academic Year 1998-99.

  Statistics on the average time taken to deal with a loan application are not maintained but the Student Loans Company Limited is set targets by Ministers in relation to the payment of loans. This information is set out in the table below. Separate information is not held in respect of Scottish domiciled students.

  Notes:

  

In 1998-99 
  the "Income Contingent" loan scheme was introduced. Unlike 
  the "Mortgage" style loan which is repaid in a fixed number 
  of instalments, repayments of "Income Contingent" loans 
  are made automatically through the Inland Revenue when income reaches 
  a certain level and rise in line with income.


The figure 
  shown as the total number of loans paid out by the Student Loans 
  Company Limited in Academic Year 1998-99 is provisional.

Transport

Mr Duncan Hamilton (Highlands and Islands) (SNP): To ask the Scottish Executive what additional funding is planned for road infrastructure on Mull, and when the most recent analysis of the quality of roads on the island took place.

Sarah Boyack: The maintenance and upgrading of the roads (there are no trunk roads on the island) are the responsibility of Argyll and Bute Council as the relevant local roads authority. The Council carries out monthly routine and safety inspections of A and B1 Class roads: other roads are inspected on a quarterly basis.

Transport

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what its estimate is of the number of vehicle kilometres travelled on Scotland’s roads, broken down by classification of "built-up" roads and "non built-up" roads, for each of the last five years.

Sarah Boyack: The Department of the Environment, Transport and the Regions (DETR) produces estimates of the total numbers of vehicle kilometres travelled on Scotland's major roads (motorways and A roads). These figures appear in Chapter 6 of Scottish Transport Statistics no. 18/1999  edition, copies of which are available in the Scottish Parliament Information Centre. The last four rows of Table 6.1 give the DETR estimates for the past 10 years for all major roads, for Motorways, for "built-up" A roads (those for which the speed limit is no more than 40 mph), and for "non built-up" A roads (those for which the speed limit is over 40 mph).

  DETR has recently published provisional estimates of the volume of motor vehicle traffic on minor roads (B, C and unclassified roads) in Scotland in 1998: 5,700 million vehicle kilometres on non built-up roads and 11,300 million vehicle kilometres on built-up roads. Figures cannot be provided for earlier years because, as Scottish Transport Statistics explains, the sample which collects the data from which the minor road traffic estimates are produced was designed only to be the basis of estimates for Great Britain as a whole: prior to 1998, the Scottish part of the sample could not provide reliable estimates of minor road traffic for Scotland. From 1998, DETR has increased the size and improved the design of the sample, and Scottish estimates can now be published: they will appear in future editions of Scottish Transport Statistics.

Transport

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will list all public bodies and voluntary organisations whose representatives have (a) supported and (b) not supported the fuel duty escalator.

Sarah Boyack: The Scottish Executive does not have the information requested as the fuel duty is a reserved matter.

Water

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what analysis it has made of the budgets allocated to the four laboratories in the North of Scotland Water Authority area including when these budgets were decided and the purpose for which the funds were allocated.

Sarah Boyack: The allocation of the budgets for the six laboratories in the North of Scotland Water Authority area is an operational matter for the Authority. The budgets are decided by the Authority in December/January each year and are allocated to enable them to comply with relevant legislation regarding the quality of raw, treated and waste waters, via chemical and microbiological testing.

Water

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what the total expenditure is by the North of Scotland Water Authority on laboratory facilities in its area in the current financial year, and how many staff are employed.

Sarah Boyack: The North of Scotland Water Authority’s budget for laboratory facilities in the current financial year is £2,516,000 and at present the Authority employs 66 Full Time Equivalent laboratory staff.

Water

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what discussions it has held with the North of Scotland Water Authority in connection with the laboratories at Aberdeen, Dundee, Elgin and Turriff.

Sarah Boyack: How the North of Scotland Water Authority handles its need for laboratory analysis is an operational matter for the Authority. In determining its approach it is the responsibility of the Authority to obtain value for money whilst meeting the requirements of the Water Supply (Water Quality) (Scotland) Regulations 1990. The Scottish Executive holds regular discussions with the Authority regarding compliance with all aspects of the 1990 Regulations, and the regulatory regime for the water industry is designed to ensure the water authorities seek value for money across their operations as a whole.

Water

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what total budget is currently allocated for the present financial year to the North of Scotland Water Authority and how the budget is monitored in terms of spending patterns.

Sarah Boyack: The Scottish Executive does not allocate a budget to the North of Scotland Water Authority. The Authority is a public corporation of a trading nature resourced by a combination of revenue from customer charges and borrowings within limits set by the Scottish Executive - the External Finance Limit (EFL). The Executive’s role is to approve the Authority’s broad strategy on the basis of their corporate plan which is reviewed annually and to monitor delivery of that strategy.